Can my employer insist that I have a flu shot or be terminated?
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Can my employer insist that I have a flu shot or be terminated?
I work in the construction industry doing outside dirt work next to a hospital. I do not enter the hospital nor do come in contact with patients, yet I am being forced to take a flu shot or lose my job. Can they legally force this on me?
Asked on November 13, 2015 under Employment Labor Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Unless you have a specific reason for not being subjected to the flu shot, such as a deeply-held religious belief or medical condition, then your employer can make a flu shot mandatory you. The fact is that most employment relationships arem"at will" which means that you can work for your employer or not, your choice. It also means that basically your employer can generally impose requirements as it sees fit and terminate your employment if you do not comply.
Note: You may have protection if it is afforded to you via the terms of an employment contract or union agreement. Also, your treatment must not constitute some form of legally actionable discrimination or retaliation.
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